Law in Action Flashcards
(29 cards)
Age of majority
18 - someone is officially recognised as an adult, considered to have all legal rights and responsibilities
Age of criminal responsibility
10 years - you can be accused and charged.
Up until 14 years old, it must be proven that you seriously know what what you did was wrong to be convicted.
Doli Incapax
A Latin term that describes how children under 10 are not mature enough to be charged.
Under 16 - found guilty will have no conviction unless serious offence. If recorded, it can be wiped after 3 years if not in trouble since then.
Actus Reus
“Guilty Act” - prosecution must prove that the accused committed the crime and that it was voluntary
Mens Rea
“Guilty Mind” - proving there was negligence, intent or recklessness
What does criminal law deal with?
robbery
murder
rape
drink driving
fraud
shoplifting
not paying transport fees
What happens when someone is charged?
Prosecution must prove the accused person is guilty - BURDEN OF PROOF
Punishments for crime (old)
whipping
exile
thumbscrews
capital punishment
deportation
NOTE: last aus execution was 1967
Punishments for crime (new)
Deterrance
protection
reformation
retribution
reparation
vindication
Deterrance
Putting people off crime
Protection (punishment)
to protect society from the criminal
Reparation
To compensate victims of a crime
Vindication
To make sure the law is respected
What happens when someone is gound guilty?
The magistrate or judge imposes an appropriate sentence. Punishments include:
fines
community service
detention
court mandated behaviour
What are factors considered when sentencing?
guilty plea
degree of violence
prior convictions
level of hardship
What happens in a civil case?
Non-criminal matters are managed such as disputes between individuals are handled
What happens when civil wrongs are proven?
Plaintiff asks for money compensation - SEEKING DAMAGES
Sometimes, criminal law may become intertwined
Contracts
Legally binding documents where those who sign it must do what it was agreed to
People can be held accountable if they do not fulfill their obligations
Exemptions of a contract
Under 18 - jewellery contracts are not legally binding and loan contracts cannot be enforced which is why the borrower’s financial capacity must be taken into account.
Guarantor
Guardian who offers to pay the loan if the individual is unable to.
Negligence
When a person or organisation fails to exercise reasonable care and causes damages.
What happens when negligence occurs?
Negligent party can be sued if 2 factors are proven:
1. that they were owed duty of care by the negligent party
2. that the negligence has resulted in the accused party suggering injury or hardship
Violence
Verbal abuse
physical abuse
assault
sexual assault
harmful initiation ceremonies
harrassment
less aggressive but still illegal
ridiculing
rumous
stealing
damaging property
demeaning comments
sexual harrassment
